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Trial lecture - time and place
Adjudication committee
- Associate Professor Ingvild Bruce, Politihøyskolen (leader)
- Førstestatsadvokat Runar Torgersen, Riksadvokaten (1. opponent)
- Enhetschef Petra Råsten Almqvist, Rättsmedicinalverket (2. opponent)
Chair of defence
Vice dean Ivar Alvik
Supervisors
- Professor emeritus Tor-Geir Myhrer
- Professor emeritus Torleiv Ole Rognum
- Professor Anders Løvlie
- Professor Synnøve Ugelvik
Summary
Rules and Practice of the Police and Healthcare System in the Event of Unexpected Deaths in Young Children
Occasionally, sudden and unexpected death occurs in young children. Since 2011, Norway has had two government-led systems for investigating sudden and unexpected deaths in children under the age of four:
- The police are required to investigate all such deaths, also when there is no criminal suspicion.
- In addition, the health care service offers a voluntary death scene investigation, which parents may consent to. This investigation is not carried out if there is suspicion of a criminal offence.
The Storting (Norwegian Parliament) has been clear that the purpose behind both types of investigations is the same; to understand why the child died.
Legislative changes may be necessary
The thesis examines the rules and practices related to investigations of sudden, unexpected child deaths. The results show that today’s regulatory framework only partially supports the Storting’s stated objective on determining cause of death.
The question of how sudden, unexpected deaths in children should be investigated was most recently discussed in the Storting in May 2024, during the consideration of the Opptrappingsplan mot vold og overgrep mot barn og vold i nære relasjoner (2024–2028): «Trygghet for alle». The Storting instructed the government to review the legal framework for death scene investigations and assess the need for legislative changes.
Most deaths occur in the home
The rules for investigations of child deaths operate within an overarching legal framework concerning the relationship between state and citizen. Central to this is Article 102 of the Norwegian Constitution, which provides strong protection against the authorities' entry into private homes. This is because most unexpected child deaths occur in the child’s home.
The thesis clarifies how this constitutional protection has significance for how rules for investigations into unexpected child deaths can be designed and how it affects current practices.
Need for change
Why is there only limited success in solving unexpected child deaths today? This is due to several different factors. One important reason is an unclear division of responsibilities between the police and the health care system. In addition, there is a lack of legal basis for routine investigations of the death scene. Legal and factual uncertainty may result in some investigations related to the death not being carried out. This makes it more difficult to determine a correct cause of death.
The thesis therefore makes several recommendations:
- Clarify Article 102 of the Constitution.
- Assign full responsibility for the investigations to the police and prosecuting authority.
- Legislate death scene investigation as a mandatory part of the police investigation.
- Regulate the care and support provided to bereaved families. Today, these responsibilities are organized differently around the country. Amongst other things, it depends on whether the child is admitted to a hospital’s pediatric ward or transported directly for forensic examination.
A difficult balance
The current rules are the result of demanding assessments. On the one hand, the need for having systems in place capable of uncovering violence against children. On the other hand, it is well documented that most unexpected child deaths are caused by natural reasons, and that the parents have done nothing wrong. It is important to have investigations that provide information on cause of death in all cases.
This requires balancing different considerations: children’s right to protection, the need to uncover serious events, and the bereaved families right to privacy and protection from unnecessary government interference.